Claimant v Mr Rahman Hussain
Outcome
Individual claims
The tribunal awarded compensation for unfair dismissal but did not make a separate award to avoid double recovery with other awards. This indicates the claim succeeded at the liability stage.
The tribunal found in favour of the claimant on breach of contract but made no separate award to avoid double recovery with other compensation awarded.
The tribunal found in favour of the claimant on unlawful deduction of wages but made no separate award to avoid double recovery with other compensation awarded.
The tribunal awarded substantial compensation for discrimination including injury to feelings of £20,000 and aggravated damages of £5,000, with awards made against both the company and individual respondents indicating discrimination was established.
Failure to provide a statement of terms and conditions of employment under section 1 ERA 1996 succeeded, with an award of £1,246.16 after grossing up.
Failure to provide written reasons for dismissal under section 93(2)(b) ERA 1996 succeeded, with an award of £623.08 representing two weeks' pay.
Failure to provide itemised pay statements under section 12 ERA 1996 succeeded, with an award of £2,504.22 after grossing up.
Facts
Miss Miluska brought claims against Roman Property Group Limited and two individual respondents, Mr Hussain and Mr Kabir. She was dismissed and experienced sex discrimination. The respondents failed to provide statutory employment documentation including written statement of terms, written reasons for dismissal, and itemised pay statements. None of the respondents attended the remedy hearing.
Decision
The tribunal awarded a total of £93,616.74 comprising discrimination compensation with injury to feelings (£20,000), aggravated damages (£5,000), interest, and a 25% ACAS uplift, plus statutory awards for failure to provide employment documentation. Awards were made jointly and severally against various combinations of respondents, with the company liable for the full amount.
Practical note
Employers who fail to attend remedy hearings and have committed serious breaches including discrimination and failure to provide basic statutory documentation face substantial awards including aggravated damages and ACAS uplifts, with directors potentially personally liable.
Award breakdown
Vento band: middle
Adjustments
25% ACAS uplift applied to discrimination awards for failure to follow ACAS Code
Legal authorities cited
Statutes
Case details
- Case number
- 1303745/2023
- Decision date
- 6 March 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
Employment details
Claimant representation
- Represented
- No